CONTRACTS ARE KING DRAFTING AGREEMENTS IN A DIGITAL AGE

Will the real slim shady please stand up? 

Enimen, A.I music and the next frontier of music generation

#Contracts are King: ⭐️💡✍️

Intellectual Property ownership in an age of Aritifical Intelligence

Recently I advised an excellent new Territory enterprise, the publication of a new art journal named ART EX MACHINA which is a physical and digital publication of the world’s most prominent new A.I (Artificial Intelligence) artists.

In drafting the contracts for the publisher of this work a number of Intellectual Property (IP) insights were gained for those commencing a new enterprise using A.I tools. This can include any platform that generates machine based content including written content (ChatGPT), visual content (DALL.E2) or animation (Midjourney).

The following considerations apply to any commercial enterprise using A.I as part of its production process. In short, contracts are king.

⭐️💡 1. Register the Trade Mark:

Art Ex Machina is a title, and a badge of origin so therefore it is a valuable Trade Mark. If a content library or A.I logo generator assisted tool is used to create a new brand (such as Canva) then the owner must assert ownership of this IP by registering this as a Trade Mark. While a new brands reputation grows, the publisher must register it to defend its use and ownership of this title as a brand under the Trade Marks Act 1995.

⭐️💡 2. Copyright is Key:

The journal provides editorial and other information relevant to its readers. The publication of the journal is owned by the publisher themselves including any copyright which it creates. If for example copy from the publication was generated by ChatGPT, then the publication still owns the copyright in any copy it produces so long as it asserts ownership of this work. Use of the © symbol is key in the printed or online publication. Including assigning it to the proprietary limited company that is publisher of the work.

⭐️💡 3. Contracts are King:

Creativite enterprises are not new. What remains certain is that regardless of the tools used to generate new products, services, or publications then the terms and conditions and sale of these publications need to be clear.

For these purposes contracts are king as it ensures a clear title of the work, this can include the terms and conditions for selling the publication including, partnership agreements, artist licence or profit share agreements, and assignments for A.I copy or art work produced, for example.

IP laws began with the advent of the printing press and gave millions the legal right to earn what they make or create. In an age of A.I (Artificial Intelligence) new opportunities exist to create and commercialise new ideas, so long as you still assert ownership as the human author and own the chain in title of the work.

Consultation is key to ensure that you protect what you create, and to ensure that the key contracts are in place to protect you, your ideas and your enterprise.